Sunday, July 28, 2013

Definition of Rape following / after the Criminal Law Amendment Act 2013 (until otherwise changed / revoked in future)

some people ask the question what is rape or what is the definition of rape in India. this blog post is a giving pointers to the existing legislation / definition of these terms

The complete act is added below.... only the relevant section is given above.

Substitution of new sections for sections 375, 376, 376A, 376B, 376C and 376D.

8. For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following sections shall be substituted, namely:––

Sexual assault.

'375. A person is said to commit "rape" if that person––

(a) penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person or makes the person to do so with him or any other person; or

(c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person;

under the circumstances falling under any of the following seven descriptions :-

First.––Against the other person's will.

Secondly. ––Without her consent.

Thirdly. –– With her consent when such consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly.–– With her consent when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly.–– With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that action to which she gives consent.

Sixthly. –– With or without her consent, when such other person is under eighteen years of age.

Seventhly. –– When she is unable to communicate consent.

Explanation 1.–– for the purpose of this section vagina shall also include labia majora

Explanation 2. - Consent means an unequivocal voluntary agreement when the woman by words, gestures of any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided a woman who does not physically resist to the act of penetration shall not by reason only of that fact, be regarding as consenting to the sexual activity.